HANSON CONSERVATION COMMISSION
MINUTES OF THE PUBLIC HEARING OF APRIL 8, 2008
TOWN HALL, 542 LIBERTY STREET, HANSON, MA
Called to Order at 7:30 PM under M.G.L. Chapter 131, s.40 and the Hanson By-Law 3-13, s.5. by Philip R. Lindquist, Chairman, in Meeting Room A at the Town Hall.
Present: Philip R. Lindquist, Chairman
Frank Schellenger, Vice Chairman
David Harris, Member
John Kemmett, Member
Ron Grattan, Member
Also Present: Richard Vacca, Agent
Rebecca Nehiley, Administrative Assistant
Minutes
Motion to approve minutes of 3/25/08: David Harris
Second: Ron Grattan
Vote: 5-0-0
The Agent’s Report has been appended to the minutes of April 8th, 2008.
Public Hearings
7:30 PM Continued Notice of Intent for the Taunton Watershed Pilot Wetlands Mitigation Bank which proposes to create 9.3 acres of new wetlands and enhance 16.2 acres of bog to forested wetlands at the Burrage Pond Wildlife Management Area in Hanson by BlueWave Capital, LLC, 137 Newbury Street, fl 7, Boston, MA 02116 (DEP #SE175-0516)
Motion to continue to 9/9/08 at 7:45 PM by request of applicant: David Harris
Second: Frank Schellenger
Vote: 5-0-0
Appointments
7:30 PM Appointment with Dorothy Baresel regarding the level of Maquan Pond
Mr. Vacca read Mrs. Baresel’s letter into the record (attached). Mrs. Baresel asserted in her letter that the pond level has risen steadily over the years. Mr. Vacca reminded the Commission there is a meeting tomorrow with the individual parties: Town Administrator, Michael Finglas, the owner of Edgewood Bogs and members of the Recreation Commission. Mr. Schellenger reiterated that it is a natural pond with a natural stream outlet. The stream has its own level. If the pipe were cleared, the water would run out. Mr. Harris suggested removing the boards and return the stream to it’s natural state. Mr. Grattan said there is a problem with the sand from Camp Kiwanee. Mr. Vacca reported that he had not heard back from the Army Corp of Engineers with respect to pond
elevations. Mr. Lindquist said more information is needed before a decision can be reached.
7:45 PM Appointment with Al Vautrinot of Vautrinot Land Surveying, Inc. to discuss 201 Cross Street violation
Mr. Vautrinot, representing Mr. & Mrs. Williams, submitted a plan demonstrating the encroachment of tree cutting onto Lot 1, Lakeside Road (DEP #SE175-0527) as well as a proposal to replicate the trees cut within the 50-foot buffer zone. Mr. & Mrs. Williams would be responsible for chipping and removing the downed trees. As a result, the haybale line was relocated to protect the slope in two places. A number of 2” native pine trees are to be planted, in a staggered manner replicating 46” of tree diameter. Mr. Vautrinot added that the area of replication would be watered regularly, monitored for two growing seasons and any dead trees would be replaced. Mr. Schellenger recommended that the limit of work is reestablished by installing another row of haybales. Mr.
Vacca suggested that the plan be revised to show the location of additional erosion control and the location of the conservation posts at the limit of the 100-foot resource area.
Motion to allow the replication to proceed pending the receipt of a revised plan: David Harris
Second: Ron Grattan
Vote: 5-0-0
Public Hearings
8:00 PM Abbreviated Notice of Resource Area Delineation to determine the accuracy of a wetland delineation at “Off Whitman Street”, Map 109, Lot 4 for Thomas J. Hastings Co., LLC represented by McKenzie Engineering Group, Inc., 150 Longwater Drive, Norwell, MA 02061 (New Hearing) (DEP #SE175-0546)
Frank Schellenger read the public hearing notice and the abutters were verified. Al Loomis of McKenzie Engineering made the presentation, explaining that the applicant had previously filed a Notice of Intent to perform perc tests in an upland area. The wetlands were delineated by John Richardson. The 11 acre lot has extensive wetlands that cover one half of the site and include a pond. Mr. Loomis asserted that a ditch (stream) designated as perennial on the USGS map is intermittent because it dried up for five days last August. Mr. Vacca inquired whether a stream stats analysis had been done. Mr. Loomis answered, no, but Mr. Richardson can provide that at the next meeting. Mr. Lindquist read the abutters list. Those present were:
Mark & Lynne Reale, Whitman Street – Mr. Reale asked the color of the wetland flags. Also, what will happen with the stream?
· Mr. Vacca at this point, explained that a ANRAD is merely to check the validity of the wetland line, streams, and areas that are protectable under the Wetlands Local By-Law. Any plans of development will not be discussed at this meeting.
George Badgio, Whitman Street – Mr. Badgio commented that the stream fills up quite a bit and is always running. He’s been there for 45 years. He took pictures of the river flowing. Any
development will have an effect on the stream and should be considered now. He had a map from 1969 that showed all the wetlands.
Mrs. Wyman, Rear Spring Street – Mrs. Wyman commented that the area along Whitman Street was very low and contended that there was an old road that belonged to the Town of Hanson. Mr. Loomis said they did a deed study and there was no record of that.
Motion to continue to April 22nd at 8:30 PM pending the Commission’s consultant review: David Harris
Second: John Kemmett
Vote: 5-0-0
8:15 PM Continued Notice of Intent for a proposal to repair an existing septic system which is partially located with the 100’ buffer zone and 200’ outer riparian zone to the Shumatuscacant River at 903 West Washington Street, Map 67, Lot 9A for Daniel and Tammy Maurano represented by Outback Engineering, Inc., 165 E. Grove Street, Middleboro, MA 02346 (DEP #SE175-0542)
Randy Gagne of Outback Engineering submitted a revised plan for a proposed septic system with changes that were requested by the Commission at the last meeting. The stockpiles of debris and various vehicles were depicted on the plan. A wetland area in question had been reevaluated. Leanne Bradley had reexamined the soils and wetland flag #36 was moved 15’ east. Mr. Lindquist asked if transects were used. Mr. Gagne answered yes. John Kemmett and Frank Schellenger requested to see the records of transects that were performed between wetland flags #33 and #37 and the proof of Board of Health approval (when and for how long). Mr. Schellenger would also like to know if a variance was required for the separation between the groundwater and the system.
Motion to continue to April 22nd at 8:45 PM pending receipt of new information: Frank Schellenger
Second: John Kemmett
Vote: 5-0-0
Discussions
· Blanket Permit Reauthorization
Mr. Vacca notified the Commission that the current Blanket Permit will expire in 9/08 and suggested to expand the scope of the permit to include performance of perc tests, septic upgrades, above ground swimming pools, sheds, sunrooms and decks (provided that they are on concrete footings not to exceed 12” diameter), playscapes and swing sets, gardens, irrigation and domestic wells. The permit would incorporate Small Project Conditions and would have the same criteria of a plan, wetland delineation, erosion control detail, etc.. Mr. Schellenger was of the opinion that septic installations are too complicated for a blanket permit. Mr. Vacca suggested additional language to specify that no disturbance from a septic installation can be within the 50-feet buffer zone. Mr.
Schellenger also had concerns that an impervious area should be calculated. Mr. Vacca explained that if a shed was built on sonna tubes, the area of disturbance would be calculated as to how many there are times the diameter of the tubes
themselves. Therefore, 12 sonna tubes would equal 12 sq. ft. of disturbance, not enough to be considered substantial.
Motion to approve revised Blanket Permit with revised language: David Harris
Second: Ron Grattan
Vote: 5-0-0
· Request to allow Becky & Rich to sign invoices as preparation for a meeting.
Motion to allow Becky & Rich to sign invoices: David Harris
Second: John Kemmett
Vote: 5-0-0
· Letter from Meadowbrook Garden Center regarding Chapter 61A “Plan of Land” on West Washington Street
The Commission has the option to purchase a lot of land designated as Chapter 61A with the right of first refusal.
Motion to deny interest in Lot 3, Chapter 61A at Meadowbrook Garden Center:
David Harris
Second: John Kemmett
Vote: 5-0-0
· Meadowbrook Garden Center request to utilize filter sock under a blanket permission form from Commission
Mr. Alexander, owner of Meadowbrook Garden Center attended the meeting. Mr. Lindquist read his request into the record. Mr. Alexander requested blanket permission to allow contractors to use a filter sock even if haybales are demonstrated on the plan. This would enable Mr. Alexander to install the alternative erosion control without having to come back to the Commission for approval. Mr. Vacca suggested that a decision on erosion control should be analyzed on a case by case basis and that Mr. Alexander should submit a letter to the Commission for each individual project as a standard operating procedure.
· Holmes Street, Map 75, Lot 5-1 (DEP #SE175-0495)
Te owner has requested to use above ground utilities (5 telephone poles) instead of underground as originally on the approved plan. Mr. Vacca explained the poles would be installed on the wetland side of the erosion control. Mr. Kemmett suggested that this was a significant change to the plan.
Motion to require owner to file a Notice of Intent: John Kemmett
Second: Frank Schellenger
Vote: 3-2-0 (David Harris and Phil Lindquist against)
MassGIS Grant
Mr. Vacca explained that at the last meeting, the Commission had agreed to apply for the Massachusetts Conservation Mapping Assistance Partnership Program (MCMAPP), however, the Commission neglected to render a vote.
Motion to apply for the MCMAPP grant to purchase ArcView 9.2 GIS software: John Kemmett
Second: Ron Grattan
Vote: 5-0-0
· Procedure for Tree Cutting on Conservation Commission Land
Mr. Vacca informed the Commission that a number of complaints were received about trees on Conservation Land leaning over onto private property. Staff would like direction as to how to handle these complaints. Purportedly, in the past, Newcomb Tree Service has assessed these situations, and requested permission from the Commission to cut the trees at the owner’s expense. Mr. Vacca will draft a procedure for the next meeting.
· Matrix between Highway Department & Conservation Commission
Motion to execute Matrix: John Kemmett
Second: Ron Grattan
Vote: 5-0-0
Certificates of Compliance
Request for Partial Certificate of Compliance for 293 Maquan St., Map 70, Lot 24 (DEP #SE175-0484)
Motion to approve and issue a Partial Certificate of Compliance: John Kemmett
Second: David Harris
Vote: 5-0-0
Enforcement
· 62/51 Ocean Avenue
Mr. Vacca reported that Mr. Anderson remains in violation for not installing the silt fence as required. Fines continue to accrue at $300 per day and another notice has been prepared to send out tomorrow. Mr. Anderson has accumulated over $16,500 in fines. He has appealed all of the violation notices to the Clerk’s Office at Plymouth District Court and Rich says a court date is imminent.
· 270 Main Street
Mr. Vacca reported that the owner died and his son had assumed responsibility for the dumpster at the Post Office Plaza. Since his mail had not been forwarded, he had not responded until this time. He had indicated to Ms. Nehiley two weeks ago that it was his intent to clean up, but as of an inspection today, the area was still a mess. Mr. Vacca inquired as to whether to issue another fine.
Motion to issue another $100 fine to Enzo DiDonna for an ongoing violation at 270 Main Street: David Harris
Second: Ron Grattan
Vote: 5-0-0
Old Business/New Business
W.B. Mason/bill – signed
Rich Vacca/re-imbursement – signed
Clipper Press/bill – signed
Dell Access Software/bill –signed
MapWorks/bill #5 – signed
Adjournment
Motion to adjourn at 10:15 PM: David Harris
Second: John Kemmett
Vote: 5-0-0
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